88R4195 DIO-D
 
  By: Gervin-Hawkins H.B. No. 1123
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of a healthy and safe school water plan by
  public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.041 to read as follows:
         Sec. 38.041.  HEALTHY AND SAFE SCHOOL WATER PLAN. (a)  In
  this section:
               (1)  "Commission" means the Texas Commission on
  Environmental Quality.
               (2)  "Water source" means any running water tap that is
  used for drinking or food preparation.
         (b)  Each school district shall adopt a healthy and safe
  school water plan in accordance with rules adopted by the
  commission under Subsection (c).  The plan must include provisions
  for:
               (1)  periodic testing for lead in school water sources;
  and
               (2)  reducing exposure to elevated levels of lead in
  school water sources.
         (c)  The commission shall adopt rules to provide guidance to
  school districts on the adoption of a healthy and safe school water
  plan under this section.  The rules adopted must be at least as
  protective as the technical guidance for reducing lead in drinking
  water in schools developed by the United States Environmental
  Protection Agency.
         (d)  If the results of a school water source test for lead
  show elevated levels of lead, the school district must restrict
  access to the water source within 48 hours of learning of the test
  results.  The district must determine and mitigate the source of the
  lead contamination before access to the water source is returned to
  normal.
         (e)  Each school district shall:
               (1)  maintain records for each water source in the
  district, including:
                     (A)  the location of the water source; and
                     (B)  the date and results of each test conducted
  under Subsection (b)(1) for lead in the water source;
               (2)  submit a copy of the records described by
  Subdivision (1) to the commission not less than once every four
  years; and
               (3)  post the information described by Subdivision (1)
  on the district's Internet website.
         (f)  Each school district shall notify the parent or legal
  guardian of each student enrolled in the district and each district
  employee of:
               (1)  the results of each test conducted under
  Subsection (b)(1) for lead in a school water source not later than
  24 hours after learning of the test results; and
               (2)  the accessibility of information regarding school
  water source tests on the district's Internet website at least once
  each school year.
         (g)  Each school district shall designate an employee to act
  as the point of contact for the commission and the public regarding
  testing for lead in school water sources under this section.
         (h)  The agency, in collaboration with the commission, the
  Department of State Health Services, regional education service
  centers, and other stakeholders, shall develop a model healthy and
  safe school water plan that may be used by a school district to
  comply with this section. 
         (i)  To the extent that funds are available to the agency for
  the purpose, the agency shall develop a program under which the
  agency reimburses a school district for testing lead concentrations
  in water sources at the district.
         SECTION 2.  (a)  Not later than December 31, 2023, the Texas
  Education Agency shall develop the model healthy and safe school
  water plan required by Section 38.041, Education Code, as added by
  this Act.
         (b)  Not later than September 1, 2024, each school district
  and open-enrollment charter school shall adopt a healthy and safe
  school water plan as required by Section 38.041, Education Code, as
  added by this Act, and Section 12.104(b)(3)(K), Education Code, as
  applicable.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.